Ex Parte Tanaka et al - Page 3

                Appeal 2007-3283                                                                             
                Application 10/271,594                                                                       
                            Kimura et al disclose correcting a voltage determined from                       
                      gradation data of each pixel of the one pixel group, on the basis of a                 
                      result of the computing operation, to obtain corrected voltage and                     
                      applying the corrected voltage between a pair of electrodes of each                    
                      pixel of the one of the pixel groups during the predetermined                          
                      horizontal period in order to reduce non-uniformity of a display in col.               
                      3, lines 44-53, col. 4, lines 17-27, col. 10, lines 15-50, and col. 13,                
                      lines 55-65                                                                            
                (Answer 3).                                                                                  
                      In Kimura, the Abstract, column 3, lines 44 to 53, column 4, lines 17                  
                to 27, column 5, lines 14 to 20, column 13, lines 55 to 65, and column 15,                   
                lines 31 to 56 all support the Appellants’ position that the correction voltage              
                in Kimura is applied to the switching element of a pixel after the need for the              
                correction has occurred (i.e., after the switching element has been turned                   
                off).  Kimura specifically states that the correction is made “irrespective of               
                the horizontal scanning period” (col. 15, ll. 55 and 56).  Thus, the                         
                obviousness rejection of claims 1, 3, 5, and 10 is reversed because the                      
                Examiner’s articulated reasoning in the rejection does not possess a rational                
                underpinning to support a legal conclusion of obviousness.  In re Kahn, 441                  
                F.3d 977, 988, (Fed. Cir. 2006).  The obviousness rejection of claims 8 and 9                
                is reversed because the teachings of Tamai do not cure the noted                             
                shortcomings in the teachings of Kimura.                                                     
                      The decision of the Examiner is reversed.                                              








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